Overview
- On Nov. 17, the Court granted review in Noem v. Al Otro Lado over government turnbacks at ports of entry, despite plaintiffs’ claim the rescinded policy has little current effect.
- At issue is whether a person who encounters U.S. officers at a border crossing has legally “arrived in the United States” under 8 U.S.C. §1158 and must be inspected for asylum.
- The Ninth Circuit ruled 2–1 that such migrants have arrived and must be processed, and a deeply divided court later declined to rehear the case en banc.
- Solicitor General D. John Sauer argues the appellate ruling defies the statutes’ plain text, saying someone “arrives in” a country only upon entering its territory.
- Metering was used during border surges beginning in 2016, formalized in 2018 and rescinded in 2021; the administration says it wants the option to revive it, with arguments expected next year and a decision by June.